"This is huge because it means now that the injunction over the programs has been lifted and parents and students can continue to rely on the accountability act," said Bert Gall, a lawyer for the Institute for Justice, which represents parents who intervened in the case.

Lawyers for the state and intervenors had asked Reese for the stay. The plaintiffs in the case, who are backed by the Alabama Education Association, opposed the stay.

The parents in the case benefited from the AAA's income tax credit program. Three parents who benefited from the scholarship program had also asked to intervene after Reese's ruling that the law was unconstitutional.

In a separate order today, Reese denied that request.

Gall said they would appeal that decision. He said it was important to have those parents in the case, partly because the scholarship program involves more students and parents than the income tax credits.

The accountability act, passed in 2013, allows parents to receive a state income tax credit of about $3,500 to reimburse them for the cost of transferring a child from a public school defined as failing under the law to a private school or another public school.

It also allows parents to receive scholarships to pay private school tuition. The scholarships are funded by taxpayers who receive a state income tax credit for the donations.

The scholarships must go to children from failing public schools until Sept. 15 each year, but after that can be awarded to other students.